20070726Amendment.pdf

Maura E. Peterson
Paralegal
Regulatory Law
. ,." .
"'; i 'c..Qwest~
Spirit of Service
Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
..., ',- '
) i, i ,." L j
Via Overnight delivery
July 23, 2007
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-04-
Application for Approval of Amendment to the Interconnection Agreement
Matraex, Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed.
assistance in this matter.
Sincerely, /
Thank you for your
---
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr~qwest.com
' ,,. .
..1 i, i 0 ,;- 1
" ,
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~252(e)
CASE NO.: QWE-O4-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
Utilities Commission on December 8, 2004 (the "Agreement"). The Amendment with Matraex
Inc. ("Matraex ) is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State ofIdaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable Matraex to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
MA TRAEX, INC.
Rate Update Amendment for ICDF Collocation
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this i):~~O ay of July, 2007.
dam L. Slierr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
MATRAEX, INC.
Rate Update Amendment for ICDF Collocation
CERTIFICATE OF SERVICE
I hereby certify that on this 9-~('P day of July 2007, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
i i ewell~puc. state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Matraex, Inc.
Michael Blood, President
1450 Eagle Flight Way
Suite 125
Boise, Idaho 83709
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
L~~~
Paralegal, Qwest Corporation
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
MA TRAEX, INC.
Rate Update Amendment for ICDF Collocation
Rate Update Amendment for ICDF Collocation
to the Interconnection Agreement between
Qwest Corporation and
Matraex, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"), a Colorado corporation , and Matraex, Inc. ("CLEC"), an Idaho
corporation. CLEC and Qwest shall be known jointly as the "Parties
RECIT ALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") for
service in the state of Idaho which was approved by the Idaho Public Utilities Commission
Commission ) on December 8 2004 as referenced in Case No. QWE-04-31; and
WHEREAS , the Parties wish to amend the Agreement further under the terms and conditions
contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained in this Amendment and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged , the Parties agree as follows:
Amendment Terms
Exhibit A of the Agreement is hereby amended by adding the ICDF Collocation rates, as set
forth in Exhibit A, attached hereto and incorporated herein.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need, CLEC must generate, if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be
completed by Qwest. CLEC will be notified when all system changes have been made.
Actual order processing may begin once these requirements have been met. Additionally,
Qwest shall implement any necessary billing changes within two (2) billing cycles after the
latest execution date of this Amendment, with a true-up back to the latest execution date of
this Amendment by the end of the second billing cycle. The Parties agree that so long as
Qwest implements the billing changes and the true-up as set forth above, the CLEC's bills
shall be deemed accurate and adjusted without error.
Further Amendments
Except as modified herein , the provisions of the Agreement shall remain in full force and
effect.
The provisions of this Amendment, including the provisions of this sentence, may not be
June 20, 2007/kcd/Matraex, Inc./ID
Amd for Rate Update to ICDF Collo Template 7-10-06/ CDS-041 005-0001
amended , modified or supplemented, and waivers or consents to departures from the
provisions of this Amendment may not be given without the written consent thereto by both
Parties' authorized representative. No waiver by any Party of any default, misrepresentation
or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to
extend to any prior or subsequent default, misrepresentation , or breach of warranty or
covenant hereunder or affect in any way any rights arising by virtue of any prior or
subsequent such occurrence.
Entire AQreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of
the Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way
to the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original , but all of which
shall constitute one and the same instrument.
:~:
:gild p~,I
awes! Corporation
~i(A~
Signature
Name Printedrryped
L. T. Christensen
Name Printedrryped
p/l5~
Title
ob- 20-
Date
Director - Interconnection Aqreements
TItle
h.g-
Date
June 20, 2007/kcd/Matraex, Inc'!ID
Amd for Rate Update to ICDF Colla Template 7-10-06/ CDS-041 005-0001
Matraex, Inc,Exhibit A
Idaho
Page 1 of 1
$17,
$0.
$8,
$2.
284.
171.94
$71,
182,
$236,